Western Australian Consolidated Regulations

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RULES OF THE SUPREME COURT 1971 - ORDER 11A RULE 4

4 .         Service

        (1)         If a request for service is received by an additional authority in the State, together with the accompanying documents referred to in Rule 3, the additional authority must request the sheriff to serve the document to be served, together with such of those documents referred to in Rule 3(1)(a), (d) and (e) as accompanied the request for service (including a warning statement, if any, attached to the summary of the document to be served), in accordance with the request.

        (2)         Subject to subrule (3) the sheriff, in giving effect to the request of the additional authority, may cause the service requested to be effected by one of the following methods of service — 

            (a)         a method of service prescribed by the law in force in the State — 

                  (i)         for the service of a document of a kind corresponding to the document to be served; or

                  (ii)         where there is no such corresponding document — for the service of originating process in proceedings in the Court;

                or

            (b)         by some other method requested by the applicant in the request for service, unless that method is incompatible with the law in force in the State; or

            (c)         where the applicant has not requested a particular method of service — by delivery of the document to be served to the person requested to be served, where that person accepts the document voluntarily.

        (3)         Rule 4 of Order 72 shall apply to the service of documents under this Order, except that the Court may make an order for substituted service of the document on the basis of an affidavit or affidavits, lodged by the sheriff with the Court made by the person or persons who attempted to serve the document specifying — 

            (a)         details of the attempts made to serve the document; and

            (b)         the reasons which have prevented service,

                without an application being made to the Court in that behalf.

        [Rule 4 inserted in Gazette 7 Feb 1992 p. 678.]



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